Archives for May 2003

Q. My application under skilled worker category is submitted in Buffalo in April 2002. Now I see that after June 28, there are new additional forms, and necessity of English language tests, new mark system of 75, etc.

1. Do I have to submit new application with new forms?

2. Is there any flexibility in marking systems for applications that were submitted before June 28 2002?

Answer: Each visa office is stipulating specific instructions regarding the necessity of new forms for applicants submitted prior to June 28th 2002. Most, however, are requesting that the new forms be submitted.

The criteria which applies to applications submitted prior to this date is part of the present legislation. Immigration officials do, however, retain a degree of discretionary authority which can allow for substituted evaluation of cases in which the likelihood of success in Canada is not reflected in the points scored.

A recent court ruling on the issue of the retroactive implementation of the Regulations did specify that no provisions for application of the old Regulations would apply after March 31 2003.

Q. My application was refused after the immigration official failed to award 5 points on the adaptability factor for a Canadian relative. What can be done?

Answer: There are three available strategies. Without specific knowledge of the case, it is difficult to know which would be best:

1. advise the visa office of the errors in the assessment of your case, assuming these factors have all been properly documented, and request that the case be reopened and reconsidered. Once a decision is rendered, the visa office has no obligation to reopen the case, or consider new information.

2. apply for leave for appeal, and subsequently seek a judicial review of the decision in a Canadian court.

3. resubmit the application being such to clearly document all aspects of the application which lead to the award of points.

The most likely reason for refusal if you stated a relative in your application would have been inadequate documentation, or an ineligible relative. Either of these issues could typically only be addressed in resubmission of the case.

Finance Minister Paul Martin, a strong leader in the bid for the next Prime Minister position, has suggested that Canada must do more to bring qualified immigrants to Canada, and to ensure that they are more easily able to obtain the necessary qualifications to practise their professions.

Speculation is that this may hint at yet another overhaul of the immigration system.

Immigration Minister points to shortage

Current immigration Minister Denis Coderre said, on May 3rd, that Canada is facing a shortage of one million workers over the next 5 years. Despite the implementation of a recent selection system that is considered by some to be harsh, the Minister suggested that the path for skilled workers should be made easier.

The panel’s report, to be released today, calls on Ottawa to regulate consultants, spelling out a code of conduct and minimum standards.

The new measures are aimed at addressing complaints about immigration consultants inside and outside Canada who promise entry into Canada for exorbitant fees but do not perform any work, sometimes even disappearing with the money.

The report says Canadian embassies should get a greater role in immigration applications to counter the problem of fraudulent consultants operating overseas. Specifically, embassies should compile a list of acceptable consultants based on an ability to show a link to Canada, preferably citizenship or landed immigrant status.

Diane Ablonczy, the Canadian Alliance immigration critic, said her main concern is the recommendations to address overseas fraud may not be strong enough, but at she supports the main goal of regulating consultants.

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